Neutral Citation No. - 2025:AHC:28423 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19751 of 2024 Applicant :- Robert Otujeme Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Abhay Raj Singh, the learned counsel for the applicant, Sri Amrit Raj Chaursia, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.501 of 2021, under Sections 419/420/467/468/471 of IPC, Section 14 of Foreigners Act, Section 12 of Passport Act & Section 66D of IT Act, registered at Police Station Fareedpur, District Bareilly. 3. The aforesaid case has been registered on the basis of FIR lodged on 26.08.2021 against three persons, including the applicant, alleging that the accused persons are engaged in committing offences by making fraudulent transactions from bank accounts. It is further alleged that the applicant is a foreign national and he was found without any passport or visa. 4. The learned counsel for the applicant has submitted that the applicant has no previous criminal history and on the date of arrest, he was implicated in another case in which the applicant is yet to file an application for release on bail. 5. Learned counsel for the applicant has submitted that the applicant is a foreign national and there is nobody to do pairvi of the case on his behalf and, therefore, he is unable to defend himself properly. The applicant is languishing in jail since 26.08.2021 without examination of a single prosecution witness and even charges have not been framed till date. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. The purpose of keeping any undertrial person in custody is to ensure his availability to face the trial. When the trial is not proceeding, the applicant's continued detention in prison does not appear to be justified. 8. However, as the applicant is a foreign national having no passport or visa, he cannot be set at complete liberty. Therefore, in the interest of justice, it is provided that the applicant shall be released on bail on his furnishing a personal bond and he shall be shifted to a detention centre established under Section 3(2)(e) of Passports Act, 1946 read with para-11 sub-clause 2 Foreigners Order, 1948. Further, an intimation regarding the applicant's detention shall be sent to the Nagerian Embassy so that the Government of Nageria may assist the applicant in defending himself in the trial. 9. The bail application stands allowed in terms of the aforesaid order. (Subhash Vidyarthi, J.) Order Date :- 28.2.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad